Those were the words that liberal Democratic senator Howard Metzenbaum snarled at my boss Senator Orrin Hatch just after Bill Clinton announced in May 1994 that he would be nominating Stephen Breyer to the Supreme Court.

In today’s Confirmation Tales post—“Dodging Fight Over Bruce Babbitt, Clinton Nominates Stephen Breyer”—I provide an inside view on how Hatch pressed Clinton not to nominate Bruce Babbitt. (I quote extensively from a memo that I wrote way back then.) An excerpt:

Hatch was having frequent calls with White House officials. By Monday, May 9, Babbitt appeared to be “the almost certain pick.” But on Thursday, May 12, “I first learn that DeConcini has been working behind the scenes against Babbitt.” That’s Dennis DeConcini, the Democratic senator from Babbitt’s home state of Arizona. DeConcini was a moderate Democrat, but I have to wonder whether, apart from some political distance between him and Babbitt, there was some personal antagonism between them. The politics of the nomination process can have a lot of intrigue.
DeConcini’s opposition provided the “first sign of real hope” to stop Babbitt. The Judiciary Committee had 10 Democrats and 8 Republicans, so “if the White House worries about the possibility of a tie vote out of Committee, it might look to another candidate.”
Another Senate Democrat from the West, Ben Nighthorse Campbell of Colorado, “(at Hatch’s urging) had also privately expressed reservations to the White House about Babbitt.”
Friday, May 13: “Exasperating rumors all day long…. [A]round 2:00 rumors fly that [Richard Arnold] will be appointed,” but at 4:00 “CNN says that it definitely won’t be him.”
I “[h]ear that Hatch thinks the White House is back to Babbitt. Spirits drop.”
This is when I distinctly recall something not recorded in my memo. As soon as I heard that Hatch thought the White House was back to Babbitt, I called a staffer for Republican senator Alan Simpson of Wyoming. And within a matter of a few minutes Simpson was on camera (in the Senate press gallery, perhaps) lambasting Babbitt.
“Suddenly, around 5:30, [I] hear reports that Clinton will make announcement at 6:00 and that it will be Breyer. Go to Hatch’s office at 5:55. He’s exuberant—rightly so. Hugs all around.”
I was with Hatch for a sequence of two phone calls, one from Breyer, one from Clinton:
“Breyer calls him. Hatch (semi-jokingly): You better not let me down; if you let me down, I’ll kill you.
“Then word that Clinton is calling. Hatch hangs up on Breyer, picks up Clinton’s call: ‘Mr. President, you’ve made a wonderful choice. I know that you’re sick about not being able to appoint the others. But trust me, Breyer will be great. Has a big heart.’”
Masterful gamesmanship by Hatch. According to Diane Blair’s notes, just two days earlier Clinton “said he did not want to name Breyer.” Now Hatch was reassuring Clinton that the very candidate Clinton had dismissed as “heartless” met Clinton’s “big heart” test.

If you like this post, you’ll love my next two, which are also on Breyer. Please subscribe (for free, as you please).